FORMER diplomat and ex-permanent secretary Joey Bimha has been accused of grabbing farming equipment of his former business partner after their relations turned sour.
Bimha and his company Joch Investments were cited by his aggrieved former business partner Sebastian Hugh Zietsman as respondents in the case now before the courts.
Zietsman is representing his company Apela Trading private limited.
Bimha in his initial application sought to interdict Zietsman from taking his property alleging that the equipment was his after the termination of their contract agreement.
Zietsman in his counter application for interdict before the civil court narrated how he procured the machinery before Bimha prevented him from taking back his property.
ln his founding affidavit, Zietsman submitted that in 2017, Adela Trading and Joch Investments entered into a Management Agreement whereby he would grow and manage the production of tobacco on a farm owned by Bimha.
The agreement provided for the parties to recognise the rights and obligations owing to Northern Tobacco (Private)Limited before it expired in 2017.
It was subsequently renewed in 2022 under the same terms and conditions.
The asset list for Apela and Joch Investments differed significantly from that of 2017 and that of 2022.
Zietsman submitted that in July 2024, he terminated his contract with Joch Investments in terms of clause 11.1 of the 2022 management agreement.
He submitted that following the termination of contract, Bimha has been claiming that Zietsman’s assets now belonged to him.
Zietsman submitted that Bimha has sold most of his assets.
He submitted that in a bid to cover his tracks, Bimha filed an ex-parte application HRE CD 1716/26 before the court to attempt to interdict Zietsman from moving its assets.
“The applicant (Zietsman) has prima facie right to the assets that it intends to move from the farm,” Zietsman’s lawyer Paidamoyo Saurombe submitted.
“The assets are correctly captured in the management agreement of 2022 entered into by the parties.
“The applicant also has the receipts to the assets which prove its right to the assets.”
Zietsman alleged that he will suffer irreparable harm if he fails to move his assets from Bimha’s farm.
“A new season is beckoning and the applicant intends to use its assets to continue with its farming operations,” he argued.
Zietsman submitted that he secured loans to purchase the asset, and feared that he would not be able to fulfil his financial obligations if he failed to recover his equipment.
Zietsman said he bought some of the equipment under a loan agreement with Mashonaland Tobacco Company.
Bimha had alleged the equipment was being removed in a coup style.
Zietsman said Bimha is seeking to unjustly enrich himself with his machinery.
The matter is still pending. Bimha once served as Zimbabwe’s ambassador to France and as Foreign Affairs ministry permanent secretary.